{"id":"tas:act-2022-005","name":"Container Refund Scheme Act 2022","slug":"container-refund-scheme-act-2022","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176763,"registerId":"tas-tas:act-2022-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Container Refund Scheme Act 2022](/view/html/inforce/2026-04-12/act-2022-005) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***approved container*** means a container approved in accordance with [section 12(1)](#GS12@Gs1@EN) ;\n> \n> > ***approved container list*** means the list of approved containers that is kept and maintained in accordance with [section 12(3)](#GS12@Gs3@EN) ;\n> \n> > ***approved form*** means a form approved by the Secretary;\n> \n> > ***associate***, of a relevant scheme participant, includes –\n> > \n> > > > (a) a person who –\n> > > > \n> > > > > > (i) holds, or will hold, an interest in the business of another relevant scheme participant; and\n> > > > > \n> > > > > > (ii) by virtue of that interest, is able to or will be able to exercise significant influence over the other relevant scheme participant; and\n> > > \n> > > > (b) a person who –\n> > > > \n> > > > > > (i) holds, or will hold, an interest in a business in which another scheme participant also holds an interest; and\n> > > > > \n> > > > > > (ii) by virtue of that interest, is able to, or will be able to, exercise significant influence over, or in respect of, that business; and\n> > > \n> > > > (c) a person who holds, or will hold, a relevant position in a business, of the scheme participant, that is being operated under this Act; and\n> > > \n> > > > (d) a spouse, partner within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , parent, child or sibling of –\n> > > > \n> > > > > > (i) the scheme participant; or\n> > > > > \n> > > > > > (ii) a person who holds a relevant position in the business of the scheme participant;\n> \n> > ***authorised officer*** includes –\n> > \n> > > > (a) the Secretary; and\n> > > \n> > > > (b) a police officer; and\n> > > \n> > > > (c) a person appointed under [section 35](#GS35@EN) ;\n> \n> > ***beverage*** means a liquid, other than medication, that is intended for human consumption by drinking;\n> \n> > ***beverage container*** means a container, other than an exempt container, that –\n> > \n> > > > (a) is designed or manufactured to contain a liquid; and\n> > > \n> > > > (b) contains a beverage; and\n> > > \n> > > > (c) has been sealed while it contains the beverage to enable the beverage to be handled and transported in the container;\n> \n> > ***container refund machine*** means a machine, or other device, that is –\n> > \n> > > > (a) designed or manufactured to pay the refund amount when an approved container is inserted in, or otherwise deposited at, the machine or device; or\n> > > \n> > > > (b) is prescribed as a container refund machine for the purposes of this Act;\n> \n> > ***container refund point*** – see [section 4](#GS4@EN) ;\n> \n> > ***eligible container*** means –\n> > \n> > > > (a) a beverage container; or\n> > > \n> > > > (b) a container, or other item, that is prescribed as an eligible container;\n> \n> > ***equivalent Act*** means an Act, or the provisions of an Act, in force in another State or a Territory, that substantially correspond to the provisions of this Act;\n> \n> > ***exempt container*** means a container that –\n> > \n> > > > (a) is prescribed as a container to which this Act does not apply; or\n> > > \n> > > > (b) is a container from a class of containers that is prescribed as a class of containers to which this Act does not apply;\n> \n> > ***first responsible supplier*** – see [section 5](#GS5@EN) ;\n> \n> > ***material recovery facility*** – see [section 6](#GS6@EN) ;\n> \n> > ***material recovery facility operator*** means the person responsible for the operation of a material recovery facility;\n> \n> > ***network operator*** means a person appointed by the Minister as a network operator under [section 15(1)](#GS15@Gs1@EN) or [section 17](#GS17@EN) ;\n> \n> > ***network operator agreement*** means an agreement to be a network operator that complies with the requirements of this Act in respect of such an agreement;\n> \n> > ***pay***, in relation to a refund amount, includes payments of the refund amount by way of –\n> > \n> > > > (a) money; and\n> > > \n> > > > (b) vouchers that are redeemable at a later point in time; and\n> > > \n> > > > (c) donations to another person, or organisation, for charitable purposes; and\n> > > \n> > > > (d) other prescribed means of payment;\n> \n> > ***prescribed marks***, in relation to an approved container, means the prescribed information, marks or labels required to be displayed on the exterior of the approved container;\n> \n> > ***refund amount*** – see [section 7](#GS7@EN) ;\n> \n> > ***refund declaration*** means a declaration, in an approved form, relating to the depositing of a container at a container refund point;\n> \n> > ***refund point agreement*** means an agreement to operate a container refund point, that complies with the requirements of this Act in respect of such an agreement, between –\n> > \n> > > > (a) a network operator; and\n> > > \n> > > > (b) the person, employed or engaged to operate the container refund point for the network operator;\n> \n> > ***refund point operator***, in relation to a container refund point, means –\n> > \n> > > > (a) the person employed, or engaged, to operate the container refund point under a refund point agreement; or\n> > > \n> > > > (b) if no such person is so employed or engaged, the network operator for the container refund point;\n> \n> > ***relevant appointment***, in relation to a person, means the appointment of the person as a scheme coordinator or a network operator;\n> \n> > ***relevant commercial interest***, in relation to an organisation or business, means any share of the capital of, or any entitlement to receive income from, the organisation or business, other than –\n> > \n> > > > (a) as specified under this Act or in an agreement under this Act; or\n> > > \n> > > > (b) as provided on the same terms as would be provided to a member of the public;\n> \n> > ***relevant position***, in relation to an organisation or business, means an executive position, or a position of influence or authority, within the organisation or business;\n> \n> > ***scheme*** means the container refund scheme established under [section 10](#GS10@EN) ;\n> \n> > ***scheme coordinator*** means a person appointed by the Minister as scheme coordinator under [section 14(1)](#GS14@Gs1@EN) or [section 17](#GS17@EN) ;\n> \n> > ***scheme coordinator agreement*** means an agreement to be a scheme coordinator that complies with the requirements of this Act in respect of such an agreement;\n> \n> > ***scheme participant*** includes each of the following persons:\n> > \n> > > > (a) a first responsible supplier;\n> > > \n> > > > (b) a scheme coordinator;\n> > > \n> > > > (c) a network operator;\n> > > \n> > > > (d) a refund point operator;\n> > > \n> > > > (e) a material recovery facility operator;\n> \n> > ***Secretary*** means the Secretary of the Department;\n> \n> > ***supply*** – see [section 8](#GS8@EN) ;\n> \n> > ***supply agreement***, in relation to an approved container, means an agreement relating to the supply of the container within the State, that –\n> > \n> > > > (a) contains the prescribed terms and conditions; and\n> > > \n> > > > (b) complies with the requirements of this Act in respect of such an agreement.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of container refund point","content":"### 4 Meaning of container refund point\n\n> > (1)  For the purposes of this Act, the following are container refund points:\n> > \n> > > > (a) a facility, or premises, where an empty approved container may be deposited in exchange for the payment of the refund amount;\n> > > \n> > > > (b) a container refund machine;\n> > > \n> > > > (c) a facility, premises or machine, or a class of facilities, premises or machines, that is or are prescribed as a container refund point.\n> \n> > (2)  Nothing in this Act prevents a container refund point from being operated –\n> > \n> > > > (a) on a permanent or temporary basis; or\n> > > \n> > > > (b) from a permanent, or mobile, structure or vehicle; or\n> > > \n> > > > (c) on a for-profit basis or a not-for-profit basis.\n> \n> > (3)  For the avoidance of doubt, a container refund point does not include a location where an empty approved container may be deposited by a person with the intention that –\n> > \n> > > > (a) another person is to deposit the container at a container refund point; and\n> > > \n> > > > (b) the refund amount in respect of the approved container is to be paid to the other person or another person.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of first responsible supplier","content":"### 5 Meaning of first responsible supplier\n\n> > (1)  For the purposes of this Act and subject to [subsection (2)](#GS5@Gs2@EN) , a person is the first responsible supplier in respect of one or more eligible containers if –\n> > \n> > > > (a) the person first supplies those containers in the State; or\n> > > \n> > > > (b) the person is a member of a class of persons prescribed as the first responsible suppliers for the class of containers to which those containers belong.\n> \n> > (2)  Despite [subsection (1)(a)](#GS5@Gs1@Hpa@EN) , a person is not the first responsible supplier for an eligible container solely on the basis that the person –\n> > \n> > > > (a) is responsible for transporting the container –\n> > > > \n> > > > > > (i) into the State from a location outside of the State; or\n> > > > > \n> > > > > > (ii) within the State; or\n> > > \n> > > > (b) is engaged under a contract to do one or more of the following for, or on behalf of, another person:\n> > > > \n> > > > > > (i) to make the container;\n> > > > > \n> > > > > > (ii) to fill the container with a beverage;\n> > > > > \n> > > > > > (iii) to seal a beverage in the container; or\n> > > \n> > > > (c) is a member of a class of persons that is prescribed as not being the first responsible supplier for the class of containers to which the container belongs.\n> \n> > (3)  If there is a dispute as to who is the first responsible supplier for one or more eligible containers, the Secretary may determine who is the first responsible supplier in respect of the containers.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of material recovery facility","content":"### 6 Meaning of material recovery facility\n\n> > (1)  For the purposes of this Act, a material recovery facility means –\n> > \n> > > > (a) a facility, or premises, at which approved containers may be sorted and prepared for recycling; or\n> > > \n> > > > (b) a facility or premises, or a class of facilities or premises, that is or are prescribed as a material recovery facility.\n> \n> > (2)  Despite [subsection (1)(a)](#GS6@Gs1@Hpa@EN) , a facility or premises, or class of facilities or premises, may be prescribed as not being a material recovery facility.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of refund amount","content":"### 7 Meaning of refund amount\n\n> > (1)  For the purposes of this Act, the refund amount payable for each approved container deposited at a container refund point under the scheme is the prescribed refund amount.\n> \n> > (2)  The regulations may also prescribe other means by which the refund amount may be payable under the scheme.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of supply","content":"### 8 Meaning of supply\n\n> > (1)  Subject to [subsection (2)](#GS8@Gs2@EN) , the supply of an eligible container under this Act includes the supply of the eligible container –\n> > \n> > > > (a) by way of sale or otherwise, and whether by wholesale or retail, in the course of carrying on a business or another organisation; and\n> > > \n> > > > (b) for a commercial or promotional purpose, whether for consideration or otherwise; and\n> > > \n> > > > (c) in a prescribed manner or circumstance.\n> \n> > (2)  Despite [subsection (1)](#GS8@Gs1@EN) , the regulations may prescribe, in relation to an eligible container, the manner and circumstances that do not constitute the supply of the eligible container under this Act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application of Act","content":"### 9 Application of Act\n\n> > (1)  Unless the contrary intention appears, this Act is in addition to, and does not derogate from, the provisions of any other Act.\n> \n> > (2)  Nothing in this Act prevents a scheme participant from paying –\n> > \n> > > > (a) a refund amount for a container other than an approved container; or\n> > > \n> > > > (b) an amount, under another scheme or program, for an approved container.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Container Refund Scheme","content":"# Part 2 Container Refund Scheme","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Container refund scheme generally","content":"## Division 1 Container refund scheme generally","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Container refund scheme established","content":"### 10 Container refund scheme established\n\n> > (1)  A container refund scheme is established to enable the payment of refunds for approved containers that are returned to container refund points operated under the scheme.\n> \n> > (2)  The scheme established under [subsection (1)](#GS10@Gs1@EN)  –\n> > \n> > > > (a) applies in respect of approved containers; and\n> > > \n> > > > (b) is managed by a scheme coordinator; and\n> > > \n> > > > (c) is facilitated by a network operator.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Approved containers","content":"## Division 2 Approved containers","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Approved container","content":"### 11 Approved container\n\n> > (1)  A person must not supply an eligible container to another person if he or she is aware, or reasonably ought to be aware, that –\n> > \n> > > > (a) the container is not approved under [section 12](#GS12@EN) ; or\n> > > \n> > > > (b) the container does not display the prescribed marks.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.\n> \n> > (2)  The first responsible supplier for an eligible container must not supply the eligible container to another person unless –\n> > \n> > > > (a) the container is approved under [section 12](#GS12@EN) ; and\n> > > \n> > > > (b) the first responsible supplier has entered into a supply agreement with the scheme coordinator in respect of the container; and\n> > > \n> > > > (c) the container displays the prescribed marks.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 1 000 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 500 penalty units.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Approval of eligible container","content":"### 12 Approval of eligible container\n\n> > (1)  The Secretary may approve an eligible container for the purposes of the scheme –\n> > \n> > > > (a) on the application, in the prescribed manner, by –\n> > > > \n> > > > > > (i) the first responsible supplier in respect of the container; or\n> > > > > \n> > > > > > (ii) another person involved in the manufacture, production or distribution of the container; or\n> > > \n> > > > (b) on the Secretary’s own initiative.\n> \n> > (2)  The Secretary may impose any conditions, requirements or restrictions on an approval of an eligible container under [subsection (1)](#GS12@Gs1@EN) that the Secretary considers appropriate.\n> \n> > (3)  The Secretary is to ensure that a list of approved containers, and other information in respect of approved containers that the Secretary considers appropriate, is kept and maintained.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Marks only to be displayed on approved container","content":"### 13 Marks only to be displayed on approved container\n\n> > (1)  A person must not place prescribed marks on a container that is not an approved container.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 800 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 400 penalty units.\n> \n> > (2)  A person must not place marks on a container for the purpose of implying, or leading others to the belief, that the container –\n> > \n> > > > (a) is an approved container; or\n> > > \n> > > > (b) displays the prescribed marks for such a container.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 800 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 400 penalty units.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Scheme participants","content":"## Division 3 Scheme participants","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Scheme coordinator","content":"### 14 Scheme coordinator\n\n> > (1)  The Minister may appoint a person as a scheme coordinator in respect of the scheme by entering into a scheme coordinator agreement with the person.\n> \n> > (2)  The Minister may only enter into a scheme coordinator agreement with a person if the Minister is satisfied that the person –\n> > \n> > > > (a) has the knowledge, skills and experience required of a scheme coordinator; and\n> > > \n> > > > (b) has the financial capacity to be a scheme coordinator; and\n> > > \n> > > > (c) is a fit and proper person within the meaning of [section 16](#GS16@EN) ; and\n> > > \n> > > > (d) has not been appointed as a network operator; and\n> > > \n> > > > (e) does not share a relevant commercial interest, or hold a relevant position, with a network operator or an associate of a network operator; and\n> > > \n> > > > (f) has met any other requirements prescribed in the regulations in respect of a scheme coordinator.\n> \n> > (3)  A person ceases to be appointed as a scheme coordinator when the first of the following occurs:\n> > \n> > > > (a) the person’s appointment as scheme coordinator is cancelled under [section 18](#GS18@EN) ;\n> > > \n> > > > (b) the scheme coordinator agreement, in force in respect of the person, expires or terminates.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Network operator","content":"### 15 Network operator\n\n> > (1)  The Minister may appoint a person as a network operator in respect of the scheme by entering into a network operator agreement with the person.\n> \n> > (2)  The Minister may only enter into a network operator agreement with a person if the Minister is satisfied that the person –\n> > \n> > > > (a) has the knowledge, skills and experience required of a network operator; and\n> > > \n> > > > (b) has the financial capacity to be a network operator; and\n> > > \n> > > > (c) is a fit and proper person within the meaning of [section 16](#GS16@EN) ; and\n> > > \n> > > > (d) is not the scheme coordinator; and\n> > > \n> > > > (e) does not share a relevant commercial interest, or hold a relevant position, with the scheme coordinator or an associate of the scheme coordinator; and\n> > > \n> > > > (f) has met any other requirements prescribed in the regulations in respect of a network operator.\n> \n> > (3)  A person ceases to be appointed as a network operator when the first of the following occurs:\n> > \n> > > > (a) the person’s appointment as network operator is cancelled under [section 18](#GS18@EN) ;\n> > > \n> > > > (b) the network operator agreement, in force in respect of the person, expires or terminates.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Fit and proper persons","content":"### 16 Fit and proper persons\n\n> > (1)  In determining whether a person is a fit and proper person under this Act, the Minister must take into account the following matters:\n> > \n> > > > (a) the person’s conduct with regard to the scheme or a similar scheme established, or operating, in another jurisdiction;\n> > > \n> > > > (b) whether the person has been found guilty of one or more of the following offences, regardless of where the person was convicted:\n> > > > \n> > > > > > (i) an indictable offence where the maximum penalty for the offence is a term of imprisonment of at least 3 months;\n> > > > > \n> > > > > > (ii) an offence of dishonesty or fraud;\n> > > > > \n> > > > > > (iii) an offence under this Act or an equivalent Act;\n> > > \n> > > > (c) such other prescribed matters.\n> \n> > (2)  If the Minister is determining whether a body corporate is a fit and proper person, the Minister is to –\n> > \n> > > > (a) determine, under this section, whether each officer of the body corporate is a fit and proper person; and\n> > > \n> > > > (b) take into account each determination made in accordance with [paragraph (a)](#GS16@Gs2@Hpa@EN) when determining if the body corporate is a fit and proper person.\n> \n> > (3)  In addition to the matters to be taken into account under [subsections (1)](#GS16@Gs1@EN) [and (2)](#GS16@Gs2@EN) , the Minister may –\n> > \n> > > > (a) take into account a matter not specified in those subsections, if the Minister considers the matter relevant to determining whether a person is a fit and proper person; and\n> > > \n> > > > (b) carry out such inquiries, consult such persons and take into account such matters as the Minister considers relevant to determining whether a person is a fit and proper person for the purposes of the scheme; and\n> > > \n> > > > (c) require a person to provide further information, or evidence, in support of the person’s appointment as a scheme participant.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Minister may appoint scheme participants in certain circumstances","content":"### 17 Minister may appoint scheme participants in certain circumstances\n\n> > (1)  Despite [sections 14](#GS14@EN) and [15](#GS15@EN) , the Minister may appoint a person as a scheme coordinator, or network operator, who does not meet the requirements of the relevant section to be a scheme coordinator, or network operator, if –\n> > \n> > > > (a) the Minister is satisfied that there are no other suitable persons who –\n> > > > \n> > > > > > (i) are interested in being appointed to the relevant position; or\n> > > > > \n> > > > > > (ii) meet the requirements under this Act in respect of the relevant position; or\n> > > \n> > > > (b) the Minister is satisfied that a temporary appointment under this section is necessary to ensure the continued operation of the scheme due to –\n> > > > \n> > > > > > (i) the suspension or cancellation of a person’s appointment under this Act as scheme coordinator or network operator; or\n> > > > > \n> > > > > > (ii) the termination of a scheme coordinator agreement or a network operator agreement.\n> \n> > (2)  The Minister may only appoint a person as a scheme coordinator, or network operator, under this section if the Minister is satisfied, on reasonable grounds, that the person meets the majority of the requirements specified in this Act in respect of the relevant appointment.\n> \n> > (3)  The appointment of a person as scheme coordinator, or network operator, under this section –\n> > \n> > > > (a) is to be on such terms and conditions as are specified by the Minister; and\n> > > \n> > > > (b) may not exceed a cumulative period of 5 years; and\n> > > \n> > > > (c) does not prevent the person from being appointed as a scheme coordinator, or network operator, under another section of this Act after the appointment under this section ceases.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Suspension or cancellation of certain appointments","content":"### 18 Suspension or cancellation of certain appointments\n\n> > (1)  The Minister may suspend, or cancel, a relevant appointment of a person at any time if the Minister believes on reasonable grounds that –\n> > \n> > > > (a) the person is no longer a fit and proper person in respect of the scheme; or\n> > > \n> > > > (b) the prerequisites for the suspension, or cancellation, of the relevant agreement, under which the person is appointed, have been met; or\n> > > \n> > > > (c) the person has given false or misleading information in, or in connection with –\n> > > > \n> > > > > > (i) an application, report or information provided under this Act or an equivalent Act; or\n> > > > > \n> > > > > > (ii) an agreement entered into, or to be entered into, under this Act; or\n> > > \n> > > > (d) the person has contravened a provision of this Act or an equivalent Act; or\n> > > \n> > > > (e) the person has committed an offence, whether in this State or another jurisdiction, relating to fraud or dishonesty; or\n> > > \n> > > > (f) the prescribed circumstances have occurred in respect of one or more of the following:\n> > > > \n> > > > > > (i) the person;\n> > > > > \n> > > > > > (ii) the relevant appointment of the person;\n> > > > > \n> > > > > > (iii) the agreement entered into as part of the relevant appointment of the person; or\n> > > \n> > > > (g) the relevant appointment has been suspended under this section and the person has not undertaken the steps specified under [subsection (3)(c)(ii)](#GS18@Gs3@Hpc@Hqii@EN) in respect of the suspension.\n> \n> > (2)  In addition to [subsection (1)](#GS18@Gs1@EN) , the Minister may cancel the relevant appointment of a person at any time if the Minister believes, on reasonable grounds, that it is appropriate to do so.\n> \n> > (3)  If the Minister decides to suspend, or cancel, a relevant appointment of a person under this section, the Minister is to –\n> > \n> > > > (a) notify the person, in writing, that the relevant appointment has been suspended, or cancelled, as the case may be; and\n> > > \n> > > > (b) specify, in the notification under [paragraph (a)](#GS18@Gs3@Hpa@EN)  –\n> > > > \n> > > > > > (i) the reasons for the suspension or cancellation; and\n> > > > > \n> > > > > > (ii) in general terms, any information that the Minister took into account in making the decision to suspend or cancel the relevant appointment; and\n> > > \n> > > > (c) if the relevant appointment is suspended under this section, specify –\n> > > > \n> > > > > > (i) the period of suspension of the relevant appointment; and\n> > > > > \n> > > > > > (ii) the steps that the person must take for the suspension to be lifted, if any.\n> \n> > (4)  The cancellation or suspension of a relevant appointment of a person takes effect when the person is notified in accordance with [subsection (3)](#GS18@Gs3@EN) in respect of the suspension or cancellation.\n> \n> > (5)  A relevant appointment that is suspended under this section is of no effect while it is so suspended.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration of Container Refund Scheme","content":"# Part 3 Administration of Container Refund Scheme","sortOrder":23},{"sectionNumber":"Subdivision 1","sectionType":"division","heading":"General","content":"## Subdivision 1 General","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Agreements generally","content":"### 19 Agreements generally\n\n> > (1)  In addition to any other requirements specified in this Act, an agreement that is entered into for the purposes of this Act –\n> > \n> > > > (a) must be in writing; and\n> > > \n> > > > (b) is to include each applicable term, and condition, specified under this Act in respect of the agreement, or class of agreements; and\n> > > \n> > > > (c) is, unless otherwise specified in the regulations, taken to include each applicable term, and condition, prescribed in relation to the agreement, or class of agreements, after the commencement of the agreement; and\n> > > \n> > > > (d) may include one or more of the following:\n> > > > \n> > > > > > (i) performance targets or other targets or requirements;\n> > > > > \n> > > > > > (ii) sanctions for non-compliance;\n> > > > > \n> > > > > > (iii) requirements for monitoring, auditing and reporting under the agreement;\n> > > > > \n> > > > > > (iv) such other terms and conditions as are agreed between the parties to the agreement; and\n> > > \n> > > > (e) may specify that the Secretary, or another person or authority, is required to approve a specific procedure, arrangement or process; and\n> > > \n> > > > (f) may specify terms and conditions relating to –\n> > > > \n> > > > > > (i) the refunds, costs and other amounts payable by, or on behalf of, the parties to the agreement; and\n> > > > > \n> > > > > > (ii) profits, losses, expenses and revenue under the agreement; and\n> > > > > \n> > > > > > (iii) the methodologies used to calculate an amount payable under the agreement.\n> \n> > (2)  In addition to any other requirements specified in this Act, an agreement, other than a supply agreement, that is entered into for the purposes of this Act may specify the circumstances in which the Secretary may –\n> > \n> > > > (a) suspend the operation of the agreement; and\n> > > \n> > > > (b) appoint a person to fulfil the role, that is the subject of agreement, while the operation of the agreement is so suspended.\n> \n> > (3)  If a term or condition of an agreement under this Act is inconsistent with a term or condition specified in this Act in respect of the agreement, the term or condition of the agreement is void to the extent of the inconsistency.\n> \n> > (4)  Nothing in this Act, other than [subsection (3)](#GS19@Gs3@EN) , restricts the terms or conditions that may be included in an agreement under this Act.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Duration of agreements","content":"### 20 Duration of agreements\n\n> An agreement that is entered into for the purposes of this Act is to have effect until the first of the following occurs:\n> \n> > > (a) the agreement is terminated;\n> > \n> > > (b) the agreement expires under the terms of the agreement;\n> > \n> > > (c) the agreement has been in force for the maximum period for the agreement, if any.","sortOrder":27},{"sectionNumber":"Subdivision 2","sectionType":"division","heading":"Specific agreements","content":"## Subdivision 2 Specific agreements","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Scheme coordinator agreements","content":"### 21 Scheme coordinator agreements\n\n> In addition to the requirements of this Act, an agreement to be a scheme coordinator must specify the following terms and conditions in respect of the person appointed as the scheme coordinator under the agreement:\n> \n> > > (a) that the scheme coordinator is to enter into supply agreements with the first responsible suppliers of containers to ensure that the suppliers bear an appropriate proportion of the cost of the management, administration and operation of the scheme;\n> > \n> > > (b) that the scheme coordinator is responsible for entering into an agreement with a network operator;\n> > \n> > > (c) that the scheme coordinator is responsible for entering into agreements with material recovery facility operators;\n> > \n> > > (d) other prescribed terms or conditions.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Network operator agreements","content":"### 22 Network operator agreements\n\n> In addition to the requirements of this Act, an agreement to be a network operator must specify the following terms and conditions in respect of the person appointed as a network operator under the agreement:\n> \n> > > (a) details of the network of container refund points to be established and operated by, or on behalf of, the network operator under the scheme;\n> > \n> > > (b) that, unless otherwise specified in the agreement, the network operator is responsible for all operational and administrative costs in respect of the container refund points operated by, or on behalf of, the network operator;\n> > \n> > > (c) that the network operator is to ensure that each approved container, deposited at the container refund points operated by or on behalf of the network operator, is recycled in accordance with this Act or the terms of the agreement;\n> > \n> > > (d) that, in addition to [paragraph (c)](#GS22@Hpc@EN) , the network operator is to ensure that this Act is complied with in respect of each approved container deposited at the container refund points operated by, or on behalf of, the network operator;\n> > \n> > > (e) other prescribed terms or conditions.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Supply agreements","content":"### 23 Supply agreements\n\n> > (1)  The first responsible supplier for an approved container must enter into a supply agreement with a scheme coordinator in respect of the approved container.\n> \n> > (2)  A supply agreement –\n> > \n> > > > (a) is to be in an approved form; and\n> > > \n> > > > (b) must contain the prescribed terms and conditions.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Refund point agreements","content":"### 24 Refund point agreements\n\n> > (1)  A network operator may enter into a refund point agreement with a refund point operator for the refund point operator to operate one or more of the network operator’s container refund points.\n> \n> > (2)  A refund point agreement is to be in an approved form.\n> \n> > (3)  A person, other than a network operator, must not operate a container refund point unless the person is the refund point operator in respect of the container refund point.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Scheme participants must comply with Act","content":"### 25 Scheme participants must comply with Act\n\n> > (1)  The first responsible supplier for an approved container must comply with each requirement imposed on the first responsible supplier –\n> > \n> > > > (a) under this Act; and\n> > > \n> > > > (b) under the supply agreement in force in respect of the approved container.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 150 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.\n> \n> > (2)  A scheme coordinator must comply with each requirement imposed on the scheme coordinator under this Act.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.\n> \n> > (3)  A network operator must comply with each requirement imposed on the network operator under this Act.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Obligations of material recovery facility operators","content":"### 26 Obligations of material recovery facility operators\n\n> > (1)  Subject to [subsection (2)](#GS26@Gs2@EN) , a material recovery facility operator must not claim a refund amount in respect of an approved container until –\n> > \n> > > > (a) the approved container has been recycled, in the prescribed manner, at the material recovery facility operated by the operator; or\n> > > \n> > > > (b) the approved container has been –\n> > > > \n> > > > > > (i) prepared for recycling, in the prescribed manner, at the material recovery facility operated by the operator; and\n> > > > > \n> > > > > > (ii) sent for recycling, in the prescribed manner, at another premises or facility.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 900 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 300 penalty units.\n> \n> > (2)  Despite [subsection (1)](#GS26@Gs1@EN) , a material recovery facility operator is taken to have –\n> > \n> > > > (a) in the case of [subsection (1)(a)](#GS26@Gs1@Hpa@EN) , recycled an approved container in the prescribed manner if the approved container is recycled as specified in the agreement in force, under the scheme, in respect of the material recovery operator; or\n> > > \n> > > > (b) in the case of [subsection (1)(b)](#GS26@Gs1@Hpb@EN) , prepared an approved container for recycling in the prescribed manner if the approved container is prepared for recycling as specified in the agreement in force, under the scheme, in respect of the material recovery operator.\n> \n> > (3)  If a material recovery facility operator receives a refund amount from the scheme coordinator in respect of an approved container, the operator must ensure that the container does not enter into landfill.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 900 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 300 penalty units.\n> \n> > (4)  [Subsection (3)](#GS26@Gs3@EN) does not apply in respect of an approved container, or part of an approved container, that enters landfill in prescribed circumstances.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Annual report by scheme coordinator","content":"### 27 Annual report by scheme coordinator\n\n> > (1)  Within 90 days after the end of each financial year, a scheme coordinator must –\n> > \n> > > > (a) prepare, in an approved form, an annual report for the Minister in respect of the scheme during the previous financial year; and\n> > > \n> > > > (b) provide the Minister with a copy of the annual report prepared in respect of the previous financial year.\n> \n> > (2)  A report under [subsection (1)](#GS27@Gs1@EN) is to contain the prescribed information and details.\n> \n> > (3)  As soon as practicable after the Minister is provided with a copy of a report by a scheme coordinator under [subsection (1)](#GS27@Gs1@EN)  –\n> > \n> > > > (a) the Minister is to cause a copy of the report to be tabled in each House of Parliament; and\n> > > \n> > > > (b) the scheme coordinator is to publish the annual report –\n> > > > \n> > > > > > (i) on the website operated by, or on behalf of, the scheme coordinator; and\n> > > > > \n> > > > > > (ii) in a manner that is freely accessible by members of the public.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Secretary may perform or require audit in certain circumstances","content":"### 28 Secretary may perform or require audit in certain circumstances\n\n> > (1)  The Secretary may –\n> > \n> > > > (a) perform an audit of the activities, or a specified aspect of the activities, of a scheme participant under this Act; or\n> > > \n> > > > (b) direct a scheme participant to engage an auditor to perform an audit of the activities, or a specified aspect of the activities, of the scheme participant under this Act.\n> \n> > (2)  A requirement of the Secretary under [subsection (1)](#GS28@Gs1@EN) is in addition to, and does not derogate from, an audit or report requirement under –\n> > \n> > > > (a) this Act, any other Act; or\n> > > \n> > > > (b) an agreement under this Act.\n> \n> > (3)  A scheme participant whose activities are required to be audited under [subsection (1)](#GS28@Gs1@EN) must comply with the requirement.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Container Refund Points and Refunds","content":"# Part 4 Container Refund Points and Refunds","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Claiming refunds under scheme","content":"### 29 Claiming refunds under scheme\n\n> > (1)  A person may claim a refund amount under the scheme by depositing an approved container at a container refund point.\n> \n> > (2)  Subject to [subsection (3)](#GS29@Gs3@EN) and this Act, a refund point operator must ensure that a refund amount is paid, for each approved container deposited at the container refund point operated by the operator, to the person who deposited the container.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 120 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 60 penalty units.\n> \n> > (3)  A refund point operator may refuse to pay a refund amount, for a container deposited at a container refund point operated by the operator, if –\n> > \n> > > > (a) the container is not an approved container; or\n> > > \n> > > > (b) [section 30(3)](#GS30@Gs3@EN) applies in respect of the person who deposited the container at the container refund point; or\n> > > \n> > > > (c) [section 31](#GS31@EN) applies in respect of the container.\n> \n> > (4)  [Subsection (2)](#GS29@Gs2@EN) does not apply to a refund point operator in respect of an approved container deposited at a container refund point if –\n> > \n> > > > (a) the operator has an agreement with the person depositing the container for the refund amount to be paid at a later time; or\n> > > \n> > > > (b) the prescribed circumstances exist in respect of the container, the refund point operator or the container refund point.\n> \n> > (5)  A refund point operator is not guilty of an offence under [subsection (2)](#GS29@Gs2@EN) in respect of a container refund machine if –\n> > \n> > > > (a) the machine accepts an approved container but does not pay a refund amount in respect of the container at the time of the acceptance of the container; and\n> > > \n> > > > (b) the refund point operator pays the refund amount owing in respect of the container as soon as practicable after the refund point operator becomes aware of the non-payment of the refund amount by the machine.\n> \n> > (6)  A person must not claim a refund amount for an approved container if the person knows, or reasonably ought to know, that –\n> > \n> > > > (a) a refund has been paid in respect of the container under this Act or under an equivalent Act; or\n> > > \n> > > > (b) a refund is not payable in respect of the container under this Act.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 150 penalty units.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Requests for certain information","content":"### 30 Requests for certain information\n\n> > (1)  If a person deposits an approved container at a container refund point, the refund point operator for that container refund point –\n> > \n> > > > (a) may require, if the prescribed circumstances exist, the person to provide a refund declaration in respect of the container; and\n> > > \n> > > > (b) must require the person to provide a refund declaration in respect of the container if –\n> > > > \n> > > > > > (i) the number of approved containers deposited by the person exceeds the prescribed maximum amount of containers; and\n> > > > > \n> > > > > > (ii) the person does not have a written agreement with the refund point operator that enables the person to deposit containers in a number that exceeds the prescribed maximum amount of containers.\n> \n> > (2)  If a refund point operator requires a person to provide a refund declaration under [subsection (1)](#GS30@Gs1@EN) , the refund point operator may also require, if the prescribed circumstances exist, the person to provide proof of the person’s identity.\n> \n> > (3)  A refund point operator may refuse to pay a refund amount in respect of an approved container that a person has deposited at a container refund point if –\n> > \n> > > > (a) the person refuses to provide a refund declaration as required by the refund point operator under [subsection (1)](#GS30@Gs1@EN) ; or\n> > > \n> > > > (b) the person refuses to provide proof of the person’s identity as required by the refund point operator under [subsection (2)](#GS30@Gs2@EN) ; or\n> > > \n> > > > (c) the refund point operator is satisfied that the number of approved containers deposited by the person, or the person and one or more other persons acting on behalf of the person, exceeds the prescribed maximum amount of containers.\n> \n> > (4)  A refund point operator must keep, for the prescribed period –\n> > \n> > > > (a) each refund declaration that is provided to the operator under this section; and\n> > > \n> > > > (b) details of each piece of evidence that is provided to the operator under this section to prove the identity of a person.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.\n> \n> > (5)  A refund point operator must not use the evidence of a person’s proof of identity provided under this section for a purpose other than as specified under this Act.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Refunds not payable in respect of certain containers","content":"### 31 Refunds not payable in respect of certain containers\n\n> > (1)  A refund amount is not payable under this Act in respect of an approved container deposited at a container refund point if the refund point operator for the container refund point is satisfied, on reasonable grounds, of one or more of the following:\n> > \n> > > > (a) that the container is not substantially empty;\n> > > \n> > > > (b) that the container does not display the relevant prescribed marks;\n> > > \n> > > > (c) that the container displays marks that are obscured, or damaged, in such a manner that the marks are unable to be identified as the relevant prescribed marks;\n> > > \n> > > > (d) that a refund amount has already been paid in respect of the container under this Act or an equivalent Act;\n> > > \n> > > > (e) that the container refund point is a container refund machine and the machine has refused to accept the container;\n> > > \n> > > > (f) that the prescribed circumstances apply in respect of the container.\n> \n> > (2)  [Subsection (1)(e)](#GS31@Gs1@Hpe@EN) does not prevent a container that is refused by a container refund machine from being deposited, and accepted, at another container refund point.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Refund point operator must accept approved containers","content":"### 32 Refund point operator must accept approved containers\n\n> Unless otherwise authorised under this Act, a refund point operator must not refuse to accept an approved container that is, or has been, deposited at the container refund point operated by the refund point operator.\n> \n> Penalty:  In the case of –\n> \n> > > (a) a body corporate, a fine not exceeding 300 penalty units; or\n> > \n> > > (b) an individual, a fine not exceeding 100 penalty units.","sortOrder":42},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Delegations","content":"### 33 Delegations\n\n> > (1)  The Minister may delegate to any person any of the Minister’s powers and functions under this Act, other than this power of delegation.\n> \n> > (2)  The Secretary may delegate to any person any of the Secretary’s powers and functions under this Act, other than this power of delegation.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Recovery of costs","content":"### 34 Recovery of costs\n\n> > (1)  The Secretary may charge a person (the ***liable person***) a fee for any action taken by, or on behalf of, the Secretary under this Act if –\n> > \n> > > > (a) the liable person was informed before the action was taken that such a fee for the action may be charged; and\n> > > \n> > > > (b) in the opinion of the Secretary, it is reasonable to charge the fee to –\n> > > > \n> > > > > > (i) cover the administrative costs incurred by the Government in respect of the action; or\n> > > > > \n> > > > > > (ii) cover the costs of regulatory activity taken under this Act in respect of the action.\n> \n> > (2)  A fee charged under [subsection (1)](#GS34@Gs1@EN)  –\n> > \n> > > > (a) is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action taken for which the fee is charged; and\n> > > \n> > > > (b) is recoverable by the Department as a debt due and owing to the Department by the liable person in respect of the fee.\n> \n> > (3)  For the purposes of [subsection (2)(a)](#GS34@Gs2@Hpa@EN) , costs and expenses incurred in connection with an action include costs and expenses incurred by, or on behalf of, the Crown.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Authorised officers","content":"### 35 Authorised officers\n\n> > (1)  The Secretary may appoint one or more of the following persons as an authorised officer for the purposes of this Act:\n> > \n> > > > (a) a State Service officer or State Service employee;\n> > > \n> > > > (b) any other person the Secretary considers appropriate.\n> \n> > (2)  A person appointed as an authorised officer is appointed on such terms and conditions as the Secretary determines.\n> \n> > (3)  An authorised officer may do any one or more of the following if reasonably required for the purpose of administering, or enforcing, this Act:\n> > \n> > > > (a) enter and inspect premises if –\n> > > > \n> > > > > > (i) the occupier of the premises has given consent to the entry of the officer; or\n> > > > > \n> > > > > > (ii) the entry is in accordance with a warrant; or\n> > > > > \n> > > > > > (iii) the premises are a public place and the entry occurs while the premises are open to the public; or\n> > > > > \n> > > > > > (iv) the premises are business premises and the entry is during the ordinary business hours for the business operating at the premises;\n> > > \n> > > > (b) direct that a moving vehicle be stopped and inspected;\n> > > \n> > > > (c) take photographs, films, video, audio or other recordings;\n> > > \n> > > > (d) remove a container, or other item, from premises for the purposes of an investigation or for testing;\n> > > \n> > > > (e) require a person to provide the officer with a document or information, or a copy of a document or information, in an understandable form, that is in the possession or control of the person;\n> > > \n> > > > (f) examine or copy, or take extracts from, a document or information found in the conduct of a search of premises or provided in accordance with [paragraph (e)](#GS35@Gs3@Hpe@EN) ;\n> > > \n> > > > (g) require a person to answer a question in relation to a matter;\n> > > \n> > > > (h) require a person to provide such assistance to the authorised officer as is reasonably required by the officer for the effective exercise of the officer’s powers under this Act;\n> > > \n> > > > (i) require a natural person to –\n> > > > \n> > > > > > (i) state the person’s full name and usual place of residence; or\n> > > > > \n> > > > > > (ii) produce evidence of the person’s identity.\n> \n> > (4)  An authorised officer is required to identify himself or herself, if reasonably required to do so by any person, before performing a function, or exercising a power, under this Act.\n> \n> > (5)  If an authorised officer removes a container, or other item, in accordance with [subsection (3)(d)](#GS35@Gs3@Hpd@EN) , the authorised officer must give the person who appears to be in possession of the container, or other item, a written receipt that describes the removed container, or item, and its condition.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Offences relating to authorised officers","content":"### 36 Offences relating to authorised officers\n\n> > (1)  A person must comply with –\n> > \n> > > > (a) each requirement made of the person by an authorised officer under this Act, other than a requirement made under [section 35(3)(i)](#GS35@Gs3@Hpi@EN) ; and\n> > > \n> > > > (b) each direction given to the person by an authorised officer.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.\n> \n> > (2)  A natural person must comply with a requirement made of the person by an authorised officer under [section 35(3)(i)](#GS35@Gs3@Hpi@EN) .\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (3)  A person must not resist, obstruct or hinder an authorised officer in the performance of a function, or the exercise of a power, under this Act.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Advisory committees","content":"### 37 Advisory committees\n\n> > (1)  The Minister may establish a committee, on such terms and conditions that the Minister considers appropriate, for the purpose of advising the Minister in respect of –\n> > \n> > > > (a) the performance of the Minister’s functions under this Act; or\n> > > \n> > > > (b) the operation of the scheme under this Act.\n> \n> > (2)  In establishing a committee under [subsection (1)](#GS37@Gs1@EN) , the Minister is to specify –\n> > \n> > > > (a) the matters in respect of which the committee is to advise the Minister; and\n> > > \n> > > > (b) the members of the committee or the interests, and experience, that members of the committee, as a whole, must hold; and\n> > > \n> > > > (c) certain practices and procedures that apply in respect of the committee so established.\n> \n> > (3)  The regulations may prescribe the practice and procedures of a committee established under [subsection (1)](#GS37@Gs1@EN) .\n> \n> > (4)  Unless otherwise prescribed, or specified by the Minister under [subsection (2)](#GS37@Gs2@EN) (c), a committee established under [subsection (1)](#GS37@Gs1@EN) may regulate its own practice and procedures.\n> \n> > (5)  The Minister may dissolve a committee established under [subsection (1)](#GS37@Gs1@EN) on such terms and conditions as the Minister considers appropriate.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Provision of information","content":"### 38 Provision of information\n\n> > (1)  The Secretary may, by written notice to a scheme participant, require the scheme participant to provide the Secretary with such information, or such documentation or records, as is specified in the notice.\n> \n> > (2)  A scheme participant must comply with a notice given to the scheme participant under [subsection (1)](#GS38@Gs1@EN) .\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 250 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 100 penalty units.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"False or misleading information","content":"### 39 False or misleading information\n\n> > (1)  A person, in providing an application, information, statement or document under this Act, must not –\n> > \n> > > > (a) provide it knowing it to be false or misleading; or\n> > > \n> > > > (b) omit any matter knowing that without the matter the application, information, statement or document is false or misleading.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 500 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 250 penalty units.\n> \n> > (2)  [Subsection (1)](#GS39@Gs1@EN) does not apply to a person if the person –\n> > \n> > > > (a) informed the person, to whom the application, information, statement or document was provided, that it was false, misleading or incomplete; and\n> > > \n> > > > (b) indicated the manner in which the application, information, statement or document was false, misleading or incomplete; and\n> > > \n> > > > (c) provided with the application, information, statement or document any further information the person has in respect of the application, information, statement or document.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Review of decisions relating to containers","content":"### 40 Review of decisions relating to containers\n\n> A person who is aggrieved by a decision of the Secretary under this Act in respect of a container may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Competition exemption","content":"### 41 Competition exemption\n\n> > (1)  The following are specifically authorised for the purposes of the *Competition and Consumer Act 2010* of the Commonwealth:\n> > \n> > > > (a) an agreement entered into under, or for the purposes of, this Act;\n> > > \n> > > > (b) the negotiating of, or entering into or making of, an agreement under this Act, including the conduct of the parties to such an agreement;\n> > > \n> > > > (c) conduct authorised, or required, by the terms or conditions of an agreement under this Act;\n> > > \n> > > > (d) the grant or refusal to grant approval to a container under [section 12](#GS12@EN) ;\n> > > \n> > > > (e) a prescribed matter.\n> \n> > (2)  Anything authorised by this section is authorised only to the extent that it would otherwise contravene Part IV of the *Competition and Consumer Act 2010* of the Commonwealth.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Offences by body corporate","content":"### 42 Offences by body corporate\n\n> > (1)  In this section, a person is concerned in, or takes part in, the management of a body corporate if the person is one of the following persons:\n> > \n> > > > (a) a director of the body corporate;\n> > > \n> > > > (b) a secretary of the body corporate;\n> > > \n> > > > (c) a person involved in managing the affairs of the body corporate, by whatever name called;\n> > > \n> > > > (d) a receiver and manager of property of the body corporate;\n> > > \n> > > > (e) an administrator of a deed of arrangement executed by the body corporate;\n> > > \n> > > > (f) a liquidator of the body corporate appointed in a voluntary winding-up of the body corporate;\n> > > \n> > > > (g) a trustee or other person administering a compromise or arrangement made between the body corporate and another person or other persons.\n> \n> > (2)  If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.\n> \n> > (3)  It is a defence in proceedings taken against a person who is concerned in, or has taken part in, the management of a body corporate in accordance with [subsection (2)](#GS42@Gs2@EN) for the person to prove that –\n> > \n> > > > (a) the body corporate contravened the provision without the person's knowledge; or\n> > > \n> > > > (b) the person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or\n> > > \n> > > > (c) the person, if in such a position, attempted to prevent the contravention by the body corporate.\n> \n> > (4)  A person may be convicted of a contravention of a provision of this Act in accordance with [subsection (2)](#GS42@Gs2@EN) whether or not the body corporate has been convicted of, or charged with, its contravention.\n> \n> > (5)  Nothing in this section affects the liability imposed on a body corporate for an offence committed by it against a provision of this Act.","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Infringement notices","content":"### 43 Infringement notices\n\n> > (1)  An authorised officer may issue and serve an infringement notice on a person if satisfied that the person has committed a prescribed offence against this Act or the regulations.\n> \n> > (2)  An infringement notice under [subsection (1)](#GS43@Gs1@EN) is not to –\n> > \n> > > > (a) relate to 4 or more offences; and\n> > > \n> > > > (b) be served on a person who has not attained the age of 16 years.\n> \n> > (3)  An infringement notice is to be in accordance with [section 14 of the](/view/html/inforce/2026-04-12/act-2005-057#GS14@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .\n> \n> > (4)  Any payments made in respect of an infringement notice are payable –\n> > \n> > > > (a) to a council, if the notice was served by a person who is an authorised officer by virtue of the person’s employment or engagement by the council; or\n> > > \n> > > > (b) in any other case, into the Environment Protection Fund established by [section 97 of the](/view/html/inforce/2026-04-12/act-1994-044#GS97@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) .","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Regulations","content":"### 44 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  Without limiting [subsection (1)](#GS44@Gs1@EN) , the regulations may –\n> > \n> > > > (a) prescribe the processes and procedures for –\n> > > > \n> > > > > > (i) approving a container; or\n> > > > > \n> > > > > > (ii) varying, or revoking, the approval of a container; and\n> > > \n> > > > (b) specify circumstances in which the first responsible supplier for an approved container is required to notify the Secretary in respect of the approved container; and\n> > > \n> > > > (c) prescribe the practices and procedures, including transitional arrangements, to be followed when a scheme participant ceases to be a scheme participant; and\n> > > \n> > > > (d) prescribe the circumstances in which a temporary scheme participant may be appointed and the practices and procedures for appointing such a temporary scheme participant; and\n> > > \n> > > > (e) prescribe the skills, qualifications or training that may be required to be held by –\n> > > > \n> > > > > > (i) a scheme participant; or\n> > > > > \n> > > > > > (ii) a person employed or engaged by a scheme participant; and\n> > > \n> > > > (f) specify matters or information to be contained in, or requirements of –\n> > > > \n> > > > > > (i) an audit to be performed under this Act; or\n> > > > > \n> > > > > > (ii) monitoring to be performed under this Act; or\n> > > > > \n> > > > > > (iii) a report, or other document, required to be prepared or provided under this Act; and\n> > > \n> > > > (g) specify one or more of the following in respect of certain agreements, between scheme participants, that are required to be entered into under this Act:\n> > > > \n> > > > > > (i) the form of the agreement;\n> > > > > \n> > > > > > (ii) the information to be included in the agreement;\n> > > > > \n> > > > > > (iii) that the agreement be approved as prescribed; and\n> > > \n> > > > (h) prescribe terms and conditions that must or may, or may not, be included in an agreement under this Act; and\n> > > \n> > > > (i) unless otherwise specified in this Act, prescribe the maximum period that an agreement under this Act may be in force; and\n> > > \n> > > > (j) prescribe the circumstances in which information is to be available to the public and the means, or methods, for making that information available; and\n> > > \n> > > > (k) provide that a contravention of a regulation is an offence and, in respect of such an offence, provide for the imposition of a fine not exceeding 500 penalty units, and, in the case of a continuing offence, a further fine not exceeding 50 penalty units for each day during which the offence continues.\n> \n> > (3)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (4)  The regulations may adopt or incorporate the whole or part of any policy, protocol, standard, rule, code, specification, guidelines, program, scheme or plan, as amended from time to time, with or without modification, issued, prescribed, made or published by any person or body before, or after, the regulations take effect.\n> \n> > (5)  The regulations may authorise any matter to be, from time to time, determined or approved by the Secretary or such other person as is specified in the regulations.","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Review of operation of Act","content":"### 45 Review of operation of Act\n\n> > (1)  The Minister is to cause an independent review of the operation of the scheme, and this Act, to be completed before the 5th anniversary of the commencement of [Part 2](#HP2@EN) of this Act.\n> \n> > (2)  As soon as practicable after an independent review is completed under [subsection (1)](#GS45@Gs1@EN) , the person who undertakes the independent review is to give the Minister a written report on the outcome of the review.\n> \n> > (3)  The Minister is to cause a copy of the report, given to the Minister under [subsection (2)](#GS45@Gs2@EN) , to be tabled in each House of Parliament within 10 sitting-days of that House after the report is received by the Minister.\n> \n> > (4)  This section does not apply if a committee of either House of Parliament, or a joint committee of both Houses of Parliament, has reviewed the operation of this Act, or has started such a review, after this Act commences and before the 5th anniversary of that commencement.","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Administration of Act","content":"### 46 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Environment; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Natural Resources and Environment Tasmania.","sortOrder":57}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It establishes a comprehensive container deposit scheme with appropriate governance structures, enforcement mechanisms, and stakeholder obligations. The scope covers the full lifecycle from container approval through supply, collection, refund payment, and recycling — which is necessary for a functional scheme. The regulation-making powers are broad but standard for this type of framework legislation, allowing administrative details to be adjusted without amending the primary Act."},"complexity_factors":["27 defined terms in the interpretation section (section 3), many with nested sub-definitions (e.g., 'associate' has 4 sub-paragraphs with multiple clauses)","Multiple layers of scheme governance: scheme coordinator → network operator → refund point operator → material recovery facility operator, each with specific obligations and appointment requirements","Extensive cross-referencing between sections (e.g., sections 14-17 on appointments reference section 16 on 'fit and proper persons', which itself has 3 subsections with multiple criteria)","Conditional exceptions throughout: section 26 has nested exceptions for material recovery facilities (subsection 2 overrides subsection 1 in specific circumstances), section 29 has multiple exceptions to the obligation to pay refunds","Regulation-making powers that delegate significant detail to subordinate legislation (section 44 allows regulations to prescribe: refund amounts, maximum container deposits, specific marks, approved forms, and numerous procedural matters)","Dual penalty structures distinguishing between body corporate and individual offenders (appearing in approximately 15 different offence provisions)","Complex appointment rules with disqualification criteria (sections 14-15) and emergency override provisions (section 17 allows temporary appointments that don't meet normal requirements)","Interaction with Commonwealth competition law requiring specific authorisation (section 41)","Body corporate liability attribution rules with statutory defences (section 42)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **Container Refund Scheme** — a system where people get money back when they return empty drink containers to designated collection points. It's essentially a \"cash for cans\" program designed to reduce litter and increase recycling.\n\n**Who it affects:**\n\n- **Everyday people**: Anyone can collect approved containers and claim a refund at a container refund point (like a reverse vending machine or collection depot).\n- **First responsible suppliers**: Companies that first bring drink containers into the state (manufacturers, importers, or major distributors). They must register containers, pay into the scheme, and ensure containers display proper labels.\n- **Scheme coordinator**: A single organisation appointed by the Minister to run the overall scheme, manage finances, and contract with other operators.\n- **Network operators**: Companies appointed to run networks of collection points across the state.\n- **Refund point operators**: The people or businesses actually running the collection points — whether that's a machine operator or a depot staff member.\n- **Material recovery facilities**: Recycling centres that process the collected containers.\n\n**How it works:**\n\n1. **Containers must be approved**: Before a drink container can be sold in the state, the \"first responsible supplier\" must get it approved by the Secretary and enter into a supply agreement with the scheme coordinator.\n2. **Labels matter**: Approved containers must display specific marks. It's illegal to fake these marks or put them on unapproved containers.\n3. **Getting your refund**: You take your empty container to a refund point. The operator must pay you the refund amount (unless specific exceptions apply, like the container isn't empty or the marks are damaged).\n4. **The money flows**: First responsible suppliers pay fees to fund the scheme. The scheme coordinator manages these funds and pays network operators, who then pay refund point operators.\n5. **Recycling guarantee**: Material recovery facilities can't claim refunds until they've actually recycled the containers, and they must ensure containers don't end up in landfill.\n\n**Why it matters:**\n\nThis creates a financial incentive for people to recycle rather than litter. It shifts the cost of managing container waste from taxpayers and local councils to the beverage industry (\"polluter pays\" principle). The scheme also creates jobs in collection and recycling, and reduces environmental damage from discarded containers.\n\n**Key protections:**\n\n- **Anti-fraud measures**: People can't claim refunds twice for the same container, and there are limits on how many containers one person can deposit without providing identification.\n- **Enforcement**: Authorised officers can inspect premises, require documents, and investigate potential offences.\n- **Competition protection**: The Act specifically authorises agreements between scheme participants that might otherwise breach competition law — necessary because competitors must cooperate to run the scheme.\n- **Review built-in**: The scheme must be independently reviewed within 5 years of starting."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act remains focused on establishing and operating a container refund scheme: defining eligible containers, the roles and duties of participants, approval and marking requirements, collection and refund mechanics, recycling verification, enforcement and review. There is no clear expansion beyond that core purpose in the material supplied. The Act delegates many operational details to regulations and to contractual agreement terms, but that is an implementation design choice rather than an enlargement of scope in the statute itself."},"complexity_factors":["Over 30 defined terms in the interpretation section (s3) introducing many participant and process labels (scheme coordinator, network operator, first responsible supplier, approved container, refund point, etc.).","Numerous cross-references between Parts and Sections (e.g. s3 definitions referenced repeatedly across ss4–31), increasing navigational complexity.","Multiple distinct agreement types with mandatory content and interaction (scheme coordinator agreements, network operator agreements, supply agreements, refund point agreements) (ss19, 21–24).","Extensive ministerial and Secretary discretion (appointment, approval, suspension/cancellation, delegations) with conditional exceptions (ss12, 14–18, 33).","Wide regulatory delegation that can prescribe many operational details, exemptions and forms, and that may adopt external instruments (s44).","Layered compliance and enforcement machinery: criminal/civil penalties of varying sizes, infringement notices, authorised officers’ powers, audit powers, and recordkeeping obligations (ss27–39, 43).","Conditional refund logic with multiple exceptions and triggers (refunds payable conditions, refusal grounds, ID/declaration rules, machine exceptions) creating branching decision paths (ss29–32, 30).","Differing penalty levels depending on the actor (individual v corporate) and offence, requiring careful compliance mapping.","Interplay with external law and other jurisdictions (definition of equivalent Act, explicit competition law exemption s41), adding cross-jurisdictional and competition-law considerations.","Mandatory public reporting and an independent review deadline (annual reports by scheme coordinator, five-year review) increasing ongoing administrative duties (ss27, 45)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a container refund scheme to pay refunds when eligible beverage containers are returned to approved collection points (the “scheme”) (s10).\n- Creates a system of participants with defined roles and obligations: a scheme coordinator (manager), one or more network operators (who run the collection network), refund point operators (who run individual collection points or machines), first responsible suppliers (who bring containers into the State), and material recovery facility operators (who sort and recycle containers) (s3, s10, ss14–16, 21–26).\n- Requires eligible containers to be approved by the Secretary and to carry prescribed marks before they can be supplied as part of the scheme (ss11–13). The Secretary keeps an approved container list (s12(3)).\n- Makes the first responsible supplier responsible for entering into a supply agreement with the scheme coordinator and for ensuring containers they supply are approved and properly marked (ss5, 11, 23, 21(a)).\n- Sets the refund amount as the prescribed refund amount; regulations may set how that amount is paid (money, vouchers, donations, etc.) (s7).\n- Defines container refund points broadly to include staffed facilities, premises, mobile units, and automated container refund machines (ss4, 29). Refunds are paid to the person who deposits an approved container unless specific exceptions apply (s29).\n- Imposes duties on material recovery facility operators to recycle or prepare containers for recycling before claiming refunds and to ensure containers paid for by the scheme do not go to landfill (s26).\n- Requires the scheme coordinator to produce an annual report and make it public; the Secretary may audit participants and require audits (ss27–28).\n- Gives the Minister and Secretary broad powers to appoint, suspend or cancel scheme participants, to delegate functions, to make regulations, and to set terms of agreements between participants (ss14–18, 33, 44). There is also a required independent review of Part 2 within five years (s45).\n- Establishes enforcement tools: authorised officers with inspection and information powers, civil penalties and fines for breaches, infringement notices, and offences for false or misleading information (ss35–43, 39).\n- Includes a competition law carve-out so conduct authorised by the Act (agreements, approvals, required conduct under agreements) is expressly authorised to the extent it would otherwise contravene Part IV of the Commonwealth Competition and Consumer Act 2010 (s41).\n\n**Who this affects**\n\n- First responsible suppliers (manufacturers, importers, or classes prescribed) — must get containers approved, mark them, and enter supply agreements with the scheme coordinator; they are structured to bear a defined share of scheme costs (ss5, 11, 21, 23).\n- Scheme coordinator — appointed by the Minister; manages the scheme, enters supply/network/recovery agreements and reports publicly (ss14, 21, 27).\n- Network operators and refund point operators — run the collection network and collection points/machines; they have operational duties and must pay refunds to depositors (ss15, 22, 24, 29).\n- Material recovery facility operators — must recycle or prepare containers for recycling before claiming refunds and must not send refunded material to landfill except in prescribed circumstances (s26).\n- Consumers and anyone returning containers — entitled to claim refunds at container refund points, but may be required to provide declarations and proof of identity in certain circumstances (ss29–31, 30).\n- Businesses that manufacture, fill, distribute, transport or retail beverage containers — the Act regulates who counts as the first responsible supplier and creates obligations that affect packaging, labelling and contractual relations (ss3, 5, 11–13, 23).\n- Government agencies and authorised officers — gain inspection, audit and enforcement powers (ss28, 33, 35–38).\n\n**Why it matters (official purpose and practical implications)**\n\n- Officially the Act’s purpose is to create a system that enables payment of refunds for returned approved containers (s10). Practically this means building and regulating a multi-party operational system (approval, supply agreements, a payments and collection network, recycling verification, enforcement) rather than only setting a refund rate.\n\n- Who pays and who receives: the statutory architecture directs financial burden through contractual arrangements. The scheme coordinator must contract with first responsible suppliers to make suppliers bear an \"appropriate proportion\" of scheme costs (s21(a)). Network operators are generally responsible for operational and administrative costs for their network points unless the agreement says otherwise (s22(b)). Refund point operators must pay depositors when containers are accepted (s29(2)).\n\n- Administrative discretion and delegation: the Minister and Secretary have broad appointment, approval and rule-making powers (ss12, 14–18, 33, 44). Many operational details (marks, categories of containers, prescribed refund amount, exemptions, recordkeeping periods, auditing requirements, forms and maximum agreement periods) are left to regulations or agreement terms (s44; see ss12, 21–24, 26, 27, 28, 30). This concentrates practical decision-making in the executive and contractual processes.\n\n- Compliance and administrative burden: affected businesses face requirements to get approvals, display prescribed marks, enter into mandatory agreements, keep records and submit to audits and information requests (ss11–13, 23–24, 27–28, 30, 38). Penalties for breaches and for false or misleading information are significant in some cases (e.g. up to 1,000 penalty units for supplying unapproved containers — s11(2); other fines vary by offence).\n\n- Competition and contracting effects: the Act expressly authorises scheme agreements and related conduct that might otherwise raise competition law issues (s41). That permits centrally negotiated terms (s19–22) and may limit antitrust constraints within the scheme’s boundaries. Contract freedom is constrained where the Act prescribes mandatory terms in agreements (s19, s44).\n\n- Privacy and verification: refund point operators can request refund declarations and, in certain circumstances, proof of identity for large-volume returns; they must retain these records for prescribed periods and may not use identity evidence for other purposes (s30(1)–(5)).\n\n**Trade-offs, incentives and implementation risks**\n\n- Concentrated benefits and costs. Appointed scheme coordinator(s) and network operator(s) acquire operational control and revenue/contracting advantages (ss14–22). First responsible suppliers are obliged to shoulder a share of costs via supply agreements (s21(a)), so costs are concentrated on suppliers while the administrative burden is spread across participants.\n\n- Discretion and capture risk. The Minister’s ability to appoint temporary or non‑standard participants (s17), to set conditions and approve containers (s12), and the large regulatory delegation (s44) create space for discretionary decision-making. That raises implementation risk depending on how appointments, approvals and regulations are exercised.\n\n- Compliance costs for small actors. Small manufacturers, importers or local refund point operators may face disproportionate compliance costs (approval, marking, auditing, reporting), since the Act requires approvals, agreements and prescribed marks (ss11–13, 23, 27, 28). Regulations may mitigate this if they prescribe classes or exemptions (s12(1)(b), s44(2)(b),(c)).\n\n- Fraud and cross‑jurisdiction issues. The Act bars claiming refunds for containers already refunded under this Act or an equivalent Act (s29(6), s31(1)(d)), and it provides inspection, audit and record-keeping tools to detect fraud (ss28, 35, 38). Coordination with other States/Territories and treatment of equivalent schemes is necessary in practice (definition of \"equivalent Act\", s3).\n\n- Operational substitution effects. The scheme design (who runs collection points, whether machines are used, contractual allocation of costs) will affect business choices: whether retailers host return points, whether private operators run reverse‑vending machines, and how material recovery is organised (ss4, 22, 24, 26). These choices affect prices, logistics and recycling pathways.\n\n**Key provisions to watch when the scheme is implemented**\n\n- The prescribed refund amount and permitted payment methods (s7 and regulations).\n- The rules about which containers are approved, the prescribed marks, and classes of exempt containers (ss11–13, s44).\n- Supply, network and refund point agreements and the mandatory terms they must contain (ss19, 21–24).\n- The regulatory instruments that set thresholds for declarations, identity checks, record‑keeping periods and auditing requirements (s30, s27, s28, s44).\n- The Minister’s appointment criteria and any temporary appointment rules (ss14–18).\n\n"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the information available, the Act appears to implement a container refund scheme consistent with its stated title and purpose. No evidence of scope drift is apparent from the excerpt provided. The scheme aligns with similar legislation in other Australian jurisdictions, suggesting it follows an established and well-understood policy template."},"complexity_factors":["Multi-party scheme involving manufacturers, importers, retailers, scheme coordinators, and collection point operators — each with different obligations","Requires coordination between a private scheme coordinator and government regulators","Container eligibility rules can involve detailed technical definitions distinguishing which beverage types and container materials qualify","Financial flows (deposits, refunds, handling fees) create layered economic obligations that must be carefully tracked and audited","Fraud prevention and enforcement provisions add a compliance dimension","Interaction with Commonwealth packaging regulations and other state/territory container deposit schemes adds jurisdictional complexity","Note: Full complexity cannot be precisely assessed as the operative provisions of the Act were not included in the supplied text"],"plain_english_summary":"The Container Refund Scheme Act 2022 establishes Tasmania’s cash-for-containers recycling program: consumers return eligible beverage containers to approved collection points for a small refund, funded by drink manufacturers and importers. It affects everyday shoppers, producers, retailers and collection-point operators, aiming to boost recycling, reduce litter and support waste‑reduction targets while creating administrative rules and enforcement powers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/container-refund-scheme-act-2022","history":"/api/acts/container-refund-scheme-act-2022/history","analysis":"/api/acts/container-refund-scheme-act-2022/analysis","conflicts":"/api/acts/container-refund-scheme-act-2022/conflicts","importantCases":"/api/acts/container-refund-scheme-act-2022/important-cases","documents":"/api/acts/container-refund-scheme-act-2022/documents"}}